China IP Strategy: Focus On Merchandising Rights Or Well-known TM Recognition?

• China does not explicitly define the legal concept of "merchandising rights"

• Merchandising supports well-known trademark recognition, but over-merchandising can weaken trademark distinctiveness
• Judicial authorities and IP office are cautious about protecting merchandising rights, with a preference for using trademarks to resolve disputes

Merchandising rights and well-known trademark recognition are two strategic tools that enhance corporate core competitiveness. In China, they are intimately related and inform on the other's legal protection. This article discusses their differences to provide practical advice for selecting the optimal strategy.

Merchandising is a key activity across various industries, including cultural entertainment, sports and commerce. In particular, the cultural entertainment industry stands out for its extensive and strategic merchandising efforts, which are largely attributed to the unique nature of its products, diverse